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The following describes the terms on which Lingworld offers you access to our
services.
Introduction
Welcome to Lingworld. By using the services on the Lingworld website (Lingworld.com
and other related websites where this agreement appears) (the "Site"), you are
agreeing to the following terms, (the "Agreement" or "User Agreement") with
Lingworld.
Before you may become a member of Lingworld, you must read and accept all of the
terms and conditions in, and linked to, this User Agreement and the Privacy
Policy. We strongly recommend that, as you read this User Agreement. By
accepting this User Agreement, you also agree that your use of some Lingworld-branded
websites or websites we operate may be governed by separate user agreements and
privacy policies. The agreement that applies on any of our domains and
subdomains is always the agreement that appears in the footer of each website.
This Agreement is effective on Jan 1st, 2008, for current users, and upon
acceptance for new users.
Using Lingworld
While using the Site, you will not:
post content or items in an inappropriate category or areas
on the Site;
violate any laws, third party rights, or our policies such as
the Prohibited and Restricted Items policies;
use the Site if you are not able to form legally binding
contracts, or are temporarily or indefinitely suspended from our Site;
manipulate the price of any item or interfere with other
user's listings;
post false, inaccurate, misleading, defamatory, or libelous
content (including personal information);
take any action that may undermine the feedback or ratings
systems (such as displaying, importing or exporting feedback information off of
the Site or for using it for purposes unrelated to Lingworld);
transfer your Lingworld account (including feedback) and User
ID to another party without our consent;
distribute or post spam, chain letters, or
pyramid schemes;
distribute viruses or any other technologies that may harm
Lingworld, or the interests or property of Lingworld users;
copy, modify, or distribute content from the Site and
Lingworld's copyrights and trademarks; or
harvest or otherwise collect information about users,
including email addresses, without their consent.
Abusing Lingworld
Lingworld and the Community work together to keep the Site working properly and
the Community safe. Please report problems, offensive content, and policy
violations to us.
Without limiting other remedies, we may limit, suspend, or terminate our service
and user accounts, prohibit access to our website, delay or remove hosted
content, and take technical and legal steps to keep users off the Site if we
think that they are creating problems, possible legal liabilities, or acting
inconsistently with the letter or spirit of our policies. We also reserve the
right to cancel unconfirmed accounts or accounts that have been inactive for a
long time.
Fees and Services
Liability
You will not hold Lingworld responsible for other users' actions or inactions,
including things they post. Instead, the Site is a venue to allow anyone to
offer language classes, and take language classes, from anywhere, in a variety
of pricing formats and media, such as Skype, phone, MSN messenger. We are not
involved in the actual language tuition between students and teachers.
Regardless of the previous paragraph, if we are found to be liable, our
liability to you or to any third party is limited to the greater of (a) the
total fees you paid to us in the 12 months prior to the action giving rise to
the liability, and (b) $100.
Release
If you have a dispute with one or more users, you release us (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from claims,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, arising out of or in any way connected with such disputes.
Additionally, you agree that you will not:
take any action that imposes or may impose (in our sole
discretion) an unreasonable or disproportionately large load on our
infrastructure;
copy, reproduce, modify, create derivative works from,
distribute, or publicly display any content (except for Your Information) from
the Site without the prior expressed written permission of Lingworld and the
appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of
the Site or any activities conducted on the Site;
Privacy
We do not sell or rent your personal information to third parties for their
marketing purposes without your explicit consent. We use your information only
as described in the Lingworld Privacy Policy. We view protection of users'
privacy as a very important community principle. If you object to your
Information being transferred or used in this way please do not use our
services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents,
subsidiaries, joint ventures and employees), harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of your breach of this Agreement, or your violation of any law or the rights
of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served on
Lingworld's national registered agent (in the case of Lingworld) or to the email
address you provide to Lingworld during the registration process (in your case).
Notice shall be deemed given 24 hours after email is sent, unless the sending
party is notified that the email address is invalid. Alternatively, we may give
you legal notice by mail to the address provided during the registration
process. In such case, notice shall be deemed given three days after the date of
mailing.
Resolution of Disputes
If a dispute arises between you and Lingworld, our goal is to provide you with a
neutral and cost effective means of resolving the dispute quickly. Accordingly,
you and Lingworld agree that we will resolve any claim or controversy at law or
equity that arises out of this Agreement or our services (a "Claim") in
accordance with one of the subsections below or as we and you otherwise agree in
writing. Before resorting to these alternatives, we strongly encourage you to
first contact us directly to seek a resolution by going to the About Customer
Support help page. We will consider reasonable requests to resolve the dispute
through alternative dispute resolution procedures, such as mediation or
arbitration, as alternatives to litigation.
Improperly Filed Claims - All claims you bring against Lingworld must be
resolved in accordance with this Resolution of Disputes Section. All claims
filed or brought contrary to the Resolution of Disputes Section shall be
considered improperly filed. Should you file a claim contrary to the Resolution
of Disputes Section, Lingworld may recover attorneys' fees and costs up to
$1000, provided that Lingworld has notified you in writing of the improperly
filed claim, and you have failed to promptly withdraw the claim.
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